Employment Law Series · 5 of 8
An occupational accident can trigger social-security reporting, compensation proceedings, SGK recourse and criminal investigation. These are distinct processes. Recognition as an occupational accident does not automatically establish the employer's full civil liability or an individual's criminal guilt.
1. What counts as an occupational accident?
Article 13 of Law No. 5510 includes events occurring while the insured person is at the workplace; because of the employer's work or a qualifying self-employed person's own work; during time spent away on an employer's assignment; during a qualifying employed mother's statutory breastfeeding time; and during travel to or from work in transport provided by the employer.
The statutory conditions include an event and resulting physical or mental harm, immediately or subsequently. It need not occur while operating a machine. An incident in a workplace cafeteria or rest area may qualify, but location alone does not dispense with the remaining elements. Social-insurance classification and compensation causation must be considered separately.
2. Reporting and immediate action
For ordinary employees insured under Article 4(a), the employer must notify the competent local law-enforcement authority immediately and SGK within three working days after the accident. For an accident outside the employer's control where circumstances prevent learning of it, the statutory period can run from learning of the accident. That is not a general extension for every accident.
SGK explains electronic notification and the prescribed form submitted directly or by post; it is inaccurate to say electronic submission is the only possible method. Self-employed insured persons have a different notification rule, so employee deadlines should not be transferred automatically to every status.
Late notification can lead to administrative penalties and recovery of temporary incapacity benefits paid for the period before notification under the applicable provisions. Recognition and entitlement still require examination; failure by the employer to notify does not automatically extinguish the worker's rights.
- Secure urgent medical assistance and prevent further harm.
- Preserve the scene and evidence without obstructing rescue, safety measures or official instructions.
- Keep lawful photographs, witness details, equipment records and contemporaneous accounts.
- Make the required notifications on time.
- Investigate the causes with competent safety personnel and document findings.
- Review risk assessment and implement preventive measures.
3. Employer liability and fault
Article 417 of the Code of Obligations requires protection of the employee's personality, a proper working environment, necessary occupational-safety measures and complete protective equipment. It also addresses protection from psychological and sexual harassment. Employees must comply with lawful safety measures; this does not remove the employer's own duties.
Compensation liability requires analysis of its legal basis, breach, damage and causation, including relevant fault and any applicable special liability rule. Expert evidence may assist with technical duties and fault, but the court decides liability and evaluates the report. Training, guarding, maintenance, supervision and protective equipment are considered in context. An employee's fault can affect compensation where the legal conditions are met.
4. Compensation and SGK payments
- Bodily injury: treatment expenses, lost earnings, reduced earning capacity and damage to economic prospects can be relevant under Article 54, subject to proof.
- Death: funeral costs, qualifying pre-death treatment and earnings losses, and loss of support may be claimed under Article 53. Support is not confined to statutory heirs or only persons the deceased was legally obliged to maintain.
- Non-pecuniary compensation: the injured person may claim under Article 56. Relatives may also qualify in cases of severe bodily injury or death, subject to the circumstances; ordinary injury does not automatically give every relative a claim.
- SGK recourse: the institution may seek recovery from responsible parties under the statutory conditions and limits. It is not an automatic demand for every payment after every accident.
Social-security payments require a category-by-category calculation. Article 55 excludes wholly or partly non-recoverable social-security payments and payments not made for performance from deduction in the specified loss assessment. It is wrong to subtract all SGK benefits mechanically.
The 2026 additions to Article 55 concerning known and unknown earnings periods, interest and proportional treatment of qualifying advance payments must be read with their transitional rule: the change applies to torts or damaging events after commencement. Earlier accidents must not automatically be recalculated under the new regime.
5. Criminal proceedings
Negligent homicide under Article 85 or negligent injury under Article 89 of the Criminal Code may be relevant, depending on conduct, individual duty, fault and causation. Criminal liability is personal; a company title or job description alone does not prove guilt or absolve the person actually responsible.
Fatal negligence is not treated like every injury case for complaint purposes. Article 89 contains complaint requirements and an exception for conscious negligence outside its first paragraph. Therefore, not every occupational injury is automatically prosecuted without a complaint. The specific offence, injury and procedural requirements must be checked promptly.
6. The employee's next steps
Obtain medical care, accurately explain the work-related circumstances and retain reports, expenses, records and correspondence. Telling a hospital that the event was an occupational accident is important evidence, but does not alone conclusively determine its legal classification.
The employee may apply to SGK even if the employer has not notified it. Permanent occupational incapacity is assessed through authorised medical reports and the SGK health-board process, with available challenge procedures. SGK's permanent-incapacity income generally requires at least a 10% loss of occupational earning capacity under Article 19. This is distinct from invalidity pension criteria and does not mean a lower percentage automatically bars every civil claim.
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Sources
SGK occupational-accident guidance; Law No. 5510 Articles 13, 19, 21 and 23. Code of Obligations: Articles 53–56 and 417. Criminal Code: Articles 85 and 89. Law No. 7589: Article 18 and Temporary Article 1(9).
Reviewed on 27 October 2026. General information about Turkish law. Reporting, medical findings, fault and remedies require individual review; Turkish statutory texts govern.